Bill Text: MN HF1135 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Marriage dissolution education program participation required in marriage dissolution or legal separation proceedings involving minor children.
Sponsorship: Slight Partisan Bill (Republican 5-3)
Status: (Introduced - Dead) 2012-03-19 - Committee report, to pass as amended and re-refer to Judiciary Policy and Finance [HF1135 Detail]
Download: Minnesota-2011-HF1135-Engrossed.html
1.2relating to marriage; requiring participation in a marriage dissolution education
1.3program in marriage dissolution or legal separation proceedings involving minor
1.4children;amending Minnesota Statutes 2010, sections 480.30, by adding a
1.5subdivision; 518.091, subdivision 2; proposing coding for new law in Minnesota
1.6Statutes, chapter 518; repealing Minnesota Statutes 2010, sections 13.465,
1.7subdivision 9; 518.157.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 480.30, is amended by adding a
1.10subdivision to read:
1.11 Subd. 4. Parenting plans. The Supreme Court's judicial education program must
1.12include ongoing parenting plan training for district court judges.
1.13 Sec. 2. Minnesota Statutes 2010, section 518.091, subdivision 2, is amended to read:
1.14 Subd. 2. Parent education program requirements. Every summons involving
1.15custody or parenting time of a minor child in a marriage dissolution or legal separation
1.16proceeding must include the notice in this subdivision.
1.18UNDER MINNESOTA STATUTES, SECTION518.157
1.19CONTESTED PROCEEDING INVOLVING CUSTODY OR PARENTING TIME OF
1.20A MINOR CHILD, THE PARTIES MUSTBEGIN PARTICIPATION IN COMPLETE
1.21A PARENT EDUCATION PROGRAM THAT MEETS MINIMUM STANDARDS
1.22PROMULGATED BY THE MINNESOTA SUPREME COURT BEFORE THE
1.23FIRST COURT APPEARANCE OR HEARING OR WITHIN 30 DAYS AFTER
1.24THE FIRST FILING WITH THE COURT, WHICHEVER IS SOONER.IN SOME
2.1DISTRICTS, PARENTING EDUCATION MAY BE REQUIRED IN ALL CUSTODY
2.2OR PARENTING PROCEEDINGS. YOU MAY CONTACT THE DISTRICT COURT
2.3ADMINISTRATOR FOR ADDITIONAL INFORMATION REGARDING THIS
2.4REQUIREMENT AND THE AVAILABILITY OF PARENT EDUCATION PROGRAMS.
2.5 Sec. 3. [518.159] MARRIAGE DISSOLUTION AND LEGAL SEPARATION
2.6EDUCATION REQUIREMENTS.
2.7 Subdivision 1. Application. This section applies to marriage dissolution and legal
2.8separation proceedings involving minor children.
2.9 Subd. 2. Participation requirements. (a) Parents shall attend a four-hour marriage
2.10dissolution education program. Unless otherwise ordered by the court, participation in
2.11the program must be completed before the first court appearance or hearing, or within 30
2.12days of the first filing with the court, whichever is sooner. At the first court appearance
2.13or hearing, the court must verify course completion. If a party has not completed the
2.14course, the court must order a timetable for completion, or may exempt a party from
2.15completing the course requirement upon a showing of good cause. If a case is settled
2.16without a court hearing, each party shall submit a certificate of completion along with the
2.17marital termination agreement or stipulated judgment and decree. The court may exempt
2.18a party from completing the course requirement upon a showing of good cause. For
2.19purposes of this paragraph, good cause includes an inability to speak the language used
2.20in the program, a determination that taking the course is not in a child's best interests, or
2.21that the party cannot afford the course fee. Judges and referees may also order parent
2.22education in cases involving unmarried parents.
2.23(b) The party must submit a certificate provided by the marriage dissolution
2.24education program verifying completion of the program. The certificate must be titled
2.25"Certificate of Completion of Education Requirement" and contain the following language:
2.26"This certifies that .............. (party's name) has successfully completed the course
2.27.............. (course name), which qualifies as a marriage dissolution education program in
2.28accordance with Minnesota Statutes, section 518.159."
2.29 Subd. 3. Program requirements. (a) An education program under this section may
2.30be conducted in person or online if the program meets the criteria in this subdivision.
2.31(b) A program must meet acceptable standards of scientific evidence for
2.32effectiveness in reducing parental conflict and improving children's adjustment in marriage
2.33dissolution situations. These standards may be met either by a listing on the National
2.34Registry of Evidence-Based Programs and Practices or approval by the Minnesota couples
2.35on the brink project created under section 137.32. Approved programs must submit a new
3.1or past empirical study, using an experimental or quasi-experimental research design,
3.2demonstrating reduced parental conflict and improved adjustment of children. A parent
3.3education program already implemented by the district courts in Minnesota as of January
3.41, 2012, is an eligible program under this subdivision until September 1, 2014, if the
3.5program includes the information required under paragraph (c). On and after September 1,
3.62014, those programs must also meet the scientific criteria specified in this paragraph.
3.7(c) The program must provide information on:
3.8(1) constructive parenting in the dissolution process, including risk factors for
3.9families, how marriage dissolution affects children of different ages, and skills parents
3.10can learn to increase cooperation and minimize conflict, particularly conflict that involves
3.11children in loyalty binds. This component of the program must be aimed at increasing
3.12the parents' sensitivity to children's needs and at giving them skills to improve their own
3.13and the children's adjustment to the breakup of the family. Information on constructive
3.14parenting must be the primary emphasis of the program. The program must also include
3.15information to help parents assess whether they are involved in domestic violence,
3.16information on local domestic violence resources, and information on situations when
3.17cooperation in coparenting may not be desirable because of safety risks;
3.18(2) the legal process of marriage dissolution, including an overview of the
3.19adversarial litigation process; the nature and availability of alternative processes such as
3.20mediation, collaborative and cooperative law, and restorative circles; and the advantages
3.21and disadvantages of alternative processes, including available research on the satisfaction
3.22levels, reduced conflict, and better parenting cooperation by parties who avoid adversarial
3.23proceedings; and
3.24(3) the option of reconciliation, including research on the interest in reconciliation
3.25among couples considering marriage dissolution, the potential benefits of avoiding
3.26marriage dissolution, resources to assist with reconciliation for interested couples, and
3.27information on the circumstances in which the risk of domestic violence should exclude
3.28consideration of reconciliation.
3.29The components of the program under clauses (2) and (3) must each constitute no
3.30less than five percent of the program time.
3.31(d) An education program not listed on the National Registry of Evidence-Based
3.32Programs and Practices that is denied approval by the Minnesota couples on the brink
3.33project may appeal to the state court administrator for approval as a course meeting the
3.34requirements of this subdivision.
4.1(e) A judicial district may request an exemption from the requirements of this section
4.2from the state court administrator for good cause if there are no available, appropriate, or
4.3affordable education programs in the district.
4.4(f) A program that is conducted in person must not require the parties to attend the
4.5same parent education sessions.
4.6(g) The couples on the brink project must disseminate to court administrators a list
4.7of programs that meet the requirements of the subdivision.
4.8 Subd. 4. Costs and program providers. Each education program must enable
4.9persons to have timely and reasonable access to education sessions. A party who qualifies
4.10for a waiver of filing fees under section 563.01 is exempt from paying the parent education
4.11program fee. Program providers must implement a sliding fee scale.
4.12EFFECTIVE DATE.This section is effective January 1, 2013, and applies to
4.13proceedings in which the initial pleading is served or, in the case of a joint petition, signed
4.14by both parties, on or after that date.
4.15 Sec. 4. REPEALER.
4.16Minnesota Statutes 2010, sections 13.465, subdivision 9; and 518.157, are repealed.
4.17EFFECTIVE DATE.This section is effective January 1, 2013.
1.3program in marriage dissolution or legal separation proceedings involving minor
1.4children;amending Minnesota Statutes 2010, sections 480.30, by adding a
1.5subdivision; 518.091, subdivision 2; proposing coding for new law in Minnesota
1.6Statutes, chapter 518; repealing Minnesota Statutes 2010, sections 13.465,
1.7subdivision 9; 518.157.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 480.30, is amended by adding a
1.10subdivision to read:
1.11 Subd. 4. Parenting plans. The Supreme Court's judicial education program must
1.12include ongoing parenting plan training for district court judges.
1.13 Sec. 2. Minnesota Statutes 2010, section 518.091, subdivision 2, is amended to read:
1.14 Subd. 2. Parent education program requirements. Every summons involving
1.15custody or parenting time of a minor child in a marriage dissolution or legal separation
1.16proceeding must include the notice in this subdivision.
1.18UNDER MINNESOTA STATUTES, SECTION
1.19
1.20A MINOR CHILD, THE PARTIES MUST
1.21A PARENT EDUCATION PROGRAM THAT MEETS MINIMUM STANDARDS
1.22
1.23FIRST COURT APPEARANCE OR HEARING OR WITHIN 30 DAYS AFTER
1.24THE FIRST FILING WITH THE COURT, WHICHEVER IS SOONER.
2.1
2.2
2.3ADMINISTRATOR FOR ADDITIONAL INFORMATION REGARDING THIS
2.4REQUIREMENT AND THE AVAILABILITY OF PARENT EDUCATION PROGRAMS.
2.5 Sec. 3. [518.159] MARRIAGE DISSOLUTION AND LEGAL SEPARATION
2.6EDUCATION REQUIREMENTS.
2.7 Subdivision 1. Application. This section applies to marriage dissolution and legal
2.8separation proceedings involving minor children.
2.9 Subd. 2. Participation requirements. (a) Parents shall attend a four-hour marriage
2.10dissolution education program. Unless otherwise ordered by the court, participation in
2.11the program must be completed before the first court appearance or hearing, or within 30
2.12days of the first filing with the court, whichever is sooner. At the first court appearance
2.13or hearing, the court must verify course completion. If a party has not completed the
2.14course, the court must order a timetable for completion, or may exempt a party from
2.15completing the course requirement upon a showing of good cause. If a case is settled
2.16without a court hearing, each party shall submit a certificate of completion along with the
2.17marital termination agreement or stipulated judgment and decree. The court may exempt
2.18a party from completing the course requirement upon a showing of good cause. For
2.19purposes of this paragraph, good cause includes an inability to speak the language used
2.20in the program, a determination that taking the course is not in a child's best interests, or
2.21that the party cannot afford the course fee. Judges and referees may also order parent
2.22education in cases involving unmarried parents.
2.23(b) The party must submit a certificate provided by the marriage dissolution
2.24education program verifying completion of the program. The certificate must be titled
2.25"Certificate of Completion of Education Requirement" and contain the following language:
2.26"This certifies that .............. (party's name) has successfully completed the course
2.27.............. (course name), which qualifies as a marriage dissolution education program in
2.28accordance with Minnesota Statutes, section 518.159."
2.29 Subd. 3. Program requirements. (a) An education program under this section may
2.30be conducted in person or online if the program meets the criteria in this subdivision.
2.31(b) A program must meet acceptable standards of scientific evidence for
2.32effectiveness in reducing parental conflict and improving children's adjustment in marriage
2.33dissolution situations. These standards may be met either by a listing on the National
2.34Registry of Evidence-Based Programs and Practices or approval by the Minnesota couples
2.35on the brink project created under section 137.32. Approved programs must submit a new
3.1or past empirical study, using an experimental or quasi-experimental research design,
3.2demonstrating reduced parental conflict and improved adjustment of children. A parent
3.3education program already implemented by the district courts in Minnesota as of January
3.41, 2012, is an eligible program under this subdivision until September 1, 2014, if the
3.5program includes the information required under paragraph (c). On and after September 1,
3.62014, those programs must also meet the scientific criteria specified in this paragraph.
3.7(c) The program must provide information on:
3.8(1) constructive parenting in the dissolution process, including risk factors for
3.9families, how marriage dissolution affects children of different ages, and skills parents
3.10can learn to increase cooperation and minimize conflict, particularly conflict that involves
3.11children in loyalty binds. This component of the program must be aimed at increasing
3.12the parents' sensitivity to children's needs and at giving them skills to improve their own
3.13and the children's adjustment to the breakup of the family. Information on constructive
3.14parenting must be the primary emphasis of the program. The program must also include
3.15information to help parents assess whether they are involved in domestic violence,
3.16information on local domestic violence resources, and information on situations when
3.17cooperation in coparenting may not be desirable because of safety risks;
3.18(2) the legal process of marriage dissolution, including an overview of the
3.19adversarial litigation process; the nature and availability of alternative processes such as
3.20mediation, collaborative and cooperative law, and restorative circles; and the advantages
3.21and disadvantages of alternative processes, including available research on the satisfaction
3.22levels, reduced conflict, and better parenting cooperation by parties who avoid adversarial
3.23proceedings; and
3.24(3) the option of reconciliation, including research on the interest in reconciliation
3.25among couples considering marriage dissolution, the potential benefits of avoiding
3.26marriage dissolution, resources to assist with reconciliation for interested couples, and
3.27information on the circumstances in which the risk of domestic violence should exclude
3.28consideration of reconciliation.
3.29The components of the program under clauses (2) and (3) must each constitute no
3.30less than five percent of the program time.
3.31(d) An education program not listed on the National Registry of Evidence-Based
3.32Programs and Practices that is denied approval by the Minnesota couples on the brink
3.33project may appeal to the state court administrator for approval as a course meeting the
3.34requirements of this subdivision.
4.1(e) A judicial district may request an exemption from the requirements of this section
4.2from the state court administrator for good cause if there are no available, appropriate, or
4.3affordable education programs in the district.
4.4(f) A program that is conducted in person must not require the parties to attend the
4.5same parent education sessions.
4.6(g) The couples on the brink project must disseminate to court administrators a list
4.7of programs that meet the requirements of the subdivision.
4.8 Subd. 4. Costs and program providers. Each education program must enable
4.9persons to have timely and reasonable access to education sessions. A party who qualifies
4.10for a waiver of filing fees under section 563.01 is exempt from paying the parent education
4.11program fee. Program providers must implement a sliding fee scale.
4.12EFFECTIVE DATE.This section is effective January 1, 2013, and applies to
4.13proceedings in which the initial pleading is served or, in the case of a joint petition, signed
4.14by both parties, on or after that date.
4.15 Sec. 4. REPEALER.
4.16Minnesota Statutes 2010, sections 13.465, subdivision 9; and 518.157, are repealed.
4.17EFFECTIVE DATE.This section is effective January 1, 2013.
